June 22, 2015
The regular monthly meeting of the ZONING BOARD of APPEALS of the
TOWN of CAMBRIA was called to order by Michael Sieczkowski, Chairman, at 7:00
P.M. He welcomed everyone to the June 22nd meeting followed by the Pledge to the Flag
and then announced the agenda for this evening.
Members present:
Also present:
Michael Sieczkowski, Chairman
Thomas Andrews, Alan Johnson, Donald Robinson, Peter Smith
Randy Roberts, Councilman and liaison to Town Board
James McCann, Building Inspector
Gary Billingsley, Attorney
Secretary read Notice of Public Hearing as it appeared in the Lockport Union Sun
and Journal to consider the following applications:
(05-01-15)
MICHAEL KESSLER Jr., 4588 Green Road, Lockport, N.Y. 14094, for
a Special Permit to permit applicant to construct a farm pond containing a
surface area with dimensions of approximately 120 feet by 150 feet upon said premises
pursuant to the Special Permit Ordinance of the Town of Cambria.
(05-06-15)
ERIC WISOR, 2958 Ridge Road, Ransomville, N.Y. 14131, owner, and
Paul Winkowski, 4774 Beach Ridge Road, Lockport, N.Y. 14094, and
Jake Blake, 3884 Slusaric Road, North Tonawanda, N.Y. 14120,
applicants, for a Special Permit to permit applicants to operate a small store
front/internet retail business in an existing structure upon premises located at 2958 Ridge
Road; to sell new and used powersport parts and accessories with the possibility of
becoming an authorized FedEx Drop Hub pursuant to the Special Permit Ordinance of
the Town of Cambria.
A motion was made by Mr. Robinson and seconded by Mr. Smith to approve the
minutes of the meeting of April 27, 2015 and minutes of the meeting of May 18, 2015 as
presented. Unanimously approved, motion carried.
PUBLIC HEARING:
2115-07 (05-01-15) MICHAEL E. KESSLER., Jr. was present at this meeting and
said he would like to construct a small farm pond in his back yard for recreation.
He has submitted the following; Application for a Special Permit for a farm
pond, Short Environmental Assessment Form, Part 1 – Project Information, consisting of
3 pages; Short Environmental Assessment Form, Part 2 – Impact Assessment consisting
of 2 pages, Agricultural Data Statement; copy of Niagara County Soil and Water
Conservation District letter dated May 12, 2015, copy of Survey of part of Sub-Lot-4
Green Acres Subdivision dated May 28, 2013, and copy of 2013 Aerial of his property.
Zoning Board
Public Hearing – Kessler – cont.
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June 22, 2015
Public Hearing open: there were no comments or concerns from the public.
Public Hearing closed.
The pond site is approximately 475 feet west of Green Road and 15 feet from the
north property line. The proposed pond dimensions will be approximately 150 feet by
120 feet, surface area of approximately 0.4 acres, excavated to a depth of 12-14 feet.
Mr. Kessler said approximately one-half of the spoil material is to be used for fill
and grading on his property and other half of spoil material to be hauled off site. Also
stated in the letter from N.C. Soil and Water that “the site should provide suitable
conditions for a functional pond”. Property consists of five (5) acres.
An over-flow from the pond will be constructed to a natural drainage ditch
located on the west side of the proposed pond site per Niagara Co. Soil and Water
District letter dated May 12, 2015.
Chairman said there is no problem with the ditch and an easement to be given to
the town for cleaning purpose.
Applicant said that is correct.
Mr. Kessler said one-half of the spoilage will be used for fill and grading as his
yard is not level. He said his property is lower than adjacent property. There is a flood
plain that will not disturb anything.
Chairman asked applicant if the requested use meets the following conditions as
per Zoning Ordinance?
a.
b.
c.
d.
e.
f.
No change in character of neighborhood. Answer was “no change”
No depreciation of property values. Answer was “no change”
No excessive noise or disturbance of neighborhood. Answer was “no”
No appreciable change in traffic. Answer was “no”
Adequate parking arrangements. Answer was “does not apply”
Plan must be approved with appropriate landscaping. Answer was “yes”
Farm pond – not larger than one-half acre (½) acre. The Zoning Board may grant
such permit upon a finding of no environmental damage and a finding that the
construction or alteration of said pond will not adversely affect drainage in the area.
Building Inspector had no comments.
Zoning Board
Public Hearing – Kessler – cont.
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June 22, 2015
Mr. Andrews asked applicant what would be the source of water for the pond?
Applicant said the pond should fill in within a year’s time.
A motion was made by Mr. Robinson and seconded by Mr. Johnson to declare
negative declaration under SEQR on application of Mr. Kessler. Unanimously
approved, motion carried.
Mr. Robinson said the excess spoil material on the property should not be
removed from the property.
Mr. Kessler said he could make the pond smaller if needed to.
Mr. Andrews asked applicant how many yards do you think is on the proposed
pond area? Mr. Kessler said he could let the neighbor have some.
A motion was made by Mr. Smith and seconded by Mr. Johnson that pursuant to
the letter from Niagara County Soil and Water, dated May 12, 2015, the application for a
farm pond approximately 0.4 acres, dimensions 150 feet by 120 feet, is approved upon a
finding that no environmental damage will result if the permit is granted, and that
construction of said pond will not adversely affect drainage in the area.
No removal of excavated material from premises shall be permitted except in the
sole discretion of Code Enforcement Officer, removal of excavated material to the
adjoining premises upon permission of the Code Enforcement Officer shall be permitted.
Unanimously approved, motion carried.
Mr. Kessler was advised to keep in contact with the Building Inspector on
moving of spoil material in the area.
2015-08 (05-06-15) ERIC WISOR - Owner – 2958 Ridge Road, Ransomville 14131
Paul Winkowski – Partner – 4774 Beach Ridge Road, Lockport 14094
Jake Blake
- Partner - 3884 Slusaric Road, North Ton. 14120
Mr. Winkowski said he and his partner, Mr. Blake, would like to operate a
business from Mr. Wisor’s building at 2958 Ridge Road, Ransomville, to sell new and
used Powersport parts and accessories with possibility of becoming an authorized FedEx
shipping drop hub.
Mr. Wisor formerly operated a Polaris dealership at 2958 Ridge Road.
The partners have been operating their business from Mr. Winkowski’s parents’
home and have outgrown their business there.
Public Hearing open: there was no one present from the public this evening.
Public Hearing closed.
Zoning Board
Wisor – cont.
-4-
June 22, 2015
Applicants said they dismantle the machines, take parts off, clean and sell by
pieces mostly through the internet. There is a demand for good used parts, new parts are
expensive. If they don’t sell by internet, they keep inside of building There is used oil,
gas, etc. to clean the parts.
They were asked about an oil separator and what do they do with the used oil and
said it is picked up and goes to a place that uses used oil.
Building Inspector said he did not know anything about this part of the proposed
business, the cleaning of the parts before selling them, until this evening. There was
nothing on the application pertaining to the cleaning of the parts.
Mr. Winkowski said they have been doing this business from his parent’s
basement, cleaning the parts, etc. and do advertising on line.
Counsel asked applicant “how many of these parts of machines do you have at
your home?”
Mr. Winkowski said currently he has four to five machines. They are trying to do
more volume and need more room. Everything can be done indoors or in a fenced area
Mr. Wisor said they are needed, small motors. They clean up the used parts
themselves. Now they are cleaning the Wisor building.
It was asked about an oil separator? Mr. Winkowski said they have been doing
this type of work all of their lives.
Building Inspector was asked to look at the process including the building?
Mr. Andrews “what are applicants doing, need to have more information?”
Applicant said “most is internet sales”.
Chairman said we need to get the Planning Board involved and do a Site Plan.
Need a Special Permit.
A motion was made by Mr. Robinson and seconded by Mr. Andrews to table
action on application of Eric Wisor until we have more information on this proposed
business in Mr. Wisor’s building. Unanimously approved, motion carried.
Old Business: none
New Business : Special Zoning Board meeting at 7:30 P.M. on Monday, June 29th.
Zoning Board
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June 22, 2015
REPORTS:
Chairman – Four hour training for board members
Planning and Zoning Summer School
Building Inspector – Nothing about stripping vehicles
What kind of cleaning solutions used in proposed business in
Mr. Wisor’s building?
Attorney – no report this evening
Board members – no report this evening
Mr. Roberts – said he knew nothing about the Special meetings on June 29th.
No report
Next Regular meeting – July 27th at 7:00 P.M.
A motion was made by Mr. Smith and seconded by Mr. Robinson to adjourn at
7:50 P.M.
Respectfully submitted,
Marjorie E. Meahl, Rec. Secy.
Minutes approved _____________________